387LOffences in relation to recorded statements

387L Offences in relation to recorded statements

(1) Unless permitted to do so by this section, a person must not publish a recorded statement.

Penalty: Level 7 imprisonment (2 years maximum).

(2) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly—

(a) copy a recorded statement; or

(b) supply a recorded statement or a copy of a recorded statement to another person.

Penalty: Level 7 imprisonment (2 years maximum).

(3) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly possess a recorded statement.

Penalty: Level 8 imprisonment (1 year maximum).

(4) A person may possess, publish or copy a recorded statement, or supply a recorded statement or a copy of a recorded statement to another person—

(a) for the purpose of investigating the family violence offence to which the recorded statement relates; or

(b) for the purpose of preparing for the proceeding in which the recorded statement is proposed to be used in evidence, including a proceeding for a family violence intervention order referred to in section 387K; or

(c) for the purpose of complying with a court order or tribunal order under section 387J or for preparing for a proceeding to which such an order relates; or

(d) for the purpose of the performance of official functions by—

(i) a member of Victoria Police personnel; or

(ii) a member of staff of the Office of Public Prosecutions; or

(iii) a judicial officer, member or member of staff of a court or tribunal; or

(e) for the purpose of an investigation or inquest under the Coroners Act 2008; or

(f) for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013; or

(g) for purposes connected with an investigation into the proper exercise of power by a public official, including an investigation by the Independent Broad-based Anti-Corruption Commission; or

(h) for the purpose of training or teaching a prescribed person or testing recording equipment if—

(i) the accused to whom the recorded statement relates has been convicted or found guilty of the charge to which the statement relates; and

(ii) all legal proceedings in relation to the subject matter in the recorded statement have been concluded; and

(iii) either the complainant consents to the use of the recorded statement for the purpose or the recorded statement is edited or otherwise altered so as to prevent the identification of the complainant and any person referred to in the statement; or